Terms of use

1  Introduction

Crikey.com.au (Website) is owned and operated by Private Media Pty Ltd (ACN 102 933 362) (Private Media). In this policy, “us” “we” or “our” means Private Media.

By accessing this Website, you agree to be bound by these Terms and Conditions of Use (Terms of Use). Your access to and use of the Website is subject to these Terms of Use.

2   Subscription Terms

 

2.1   Crikey Subscription Service

Private Media offers a subscription service to individuals (Subscribers) who will receive access to certain sections, features and functions of the Website that are not available to non-subscribers.

This clause 2 sets out the terms under which Private Media makes the subscription service available to you.

Subscribers may access the Website in two ways:

(a) Trial Period: a free-of-charge service which gives unlimited access to Subscriber services for 21 days; or

(b) Paid Subscription: a subscription fee-based service which gives access to all subscriber services including and beyond the Trial Period.

2.2   Subscription Types

 

Monthly

Our “Monthly” subscription is paid in monthly instalments. For each month that your monthly subscription is active, you acknowledge and agree that Private Media is authorised to charge the same credit card or other payment method (Payment Method) as was used for the initial subscription fee in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription by notice in writing to us at least 10 days before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

Yearly

Our “Yearly” subscriptions are paid for by an upfront one-off payment. You acknowledge and agree that Private Media is authorised to charge the Payment Method used for the initial annual subscription fee at the rate secured at the time of purchase. Your subscription will not be automatically renewed and refunds will not be offered in the event that you wish to cancel your subscription.

2.3   Registration and security

As part of the subscription registration process, you will select a username and password. You must provide us with accurate, complete and updated registration information. Failure to do so with result in breach of these Terms of Use.

You must ensure that your username and password remain secure and confidential. You are entirely responsible for all use, activities and charges associated with or arising from any use of your username and password, including unauthorised use of your credit card.

If any misuse of your log in details is detected or suspected by Private Media (including the concurrent use of your login details) your subscription may be terminated and you will not be eligible for a refund.

An attempt to login with a username and password that is already in use will disconnect the other user. You must notify Private Media immediately if you become aware of any unauthorised use of your username and password.

Private Media may monitor usage of the Website via your account and may take any action it seems necessary, including termination of your subscription.

2.4   Price

All prices are in Australian Dollars (AUD).

Private Media reserves the right to change the prices at any time. Private Media will provide you with 14 days notice if the subscription fee changes from what was stated at the time of activation.

Price changes will take effect from your next billing date after the notice period. If you do not wish to continue your subscription at the revised subscription fee, you may cancel your subscription before the end of your current direct debit pay cycle.

Your Payment Method must be verified before your subscription can be activated. If your initial payment authorisation is revoked, your subscription will be terminated.

You agree to promptly notify Private Media of any changes to the Payment Method you provided.

2.5   Trial Period

Private Media offers a trial subscription period (Trial Period) to eligible new users of the Website as described on the Website.

To activate the Trial Period you will need to register as a Subscriber.

You can only subscribe to a Trial Period once. If you have previously received a Trial Period, you will not be eligible to receive another Trial Period. You agree not to attempt to register any false information or to manipulate the registration and login system to gain access to an additional Trial Period or unauthorised access to the Website without payment.

At any time during the Trial Period, you may upgrade your subscription to a paid subscription by completing the recurring billing subscription process.

3   Website Content

You understand and agree that all material, information and data accessed or used by, or provided to, you through the Website (the Website Content) is the intellectual property of Private Media or any relevant third parties from whom Private Media may license that Website Content.

You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Website Content (either in whole or in part) unless you have been specifically told that you may do so by Private Media or by the owners of that Website Content, in a separate agreement.

You understand that by using the Website you may be exposed to Website Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, including obtaining and using any information, products and services, at your own risk.

4   Intellectual Property

Unless otherwise indicated, all intellectual property in the Website is owned or licensed by Private Media. Subject to these Terms, Private Media grants you a non-exclusive, non-transferable, limited licence (Licence) to view, download and use information directly accessible through the Website.

You agree that, subject to your use of the Website in accordance with the limited Licence granted to you, you will not infringe Private Media’s intellectual property in the Website and will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained in it or otherwise use the Website in a way which will infringe Private Media’s intellectual property or other rights.

Any of the trademarks or logos displayed on the Website may be registered or unregistered marks of Private Media. You may not use these trademarks or logos without the express permission of Private Media. Any unauthorised use of the trademarks or logos is strictly prohibited.

5   User Content

If you upload information or content (User Content) in the course of accessing or using the Website, you agree that such User Content will be available to Private Media to use in any manner it thinks fit, subject to applicable provisions of the Private Media Privacy Policy and any legislation, including, without limitation, the Privacy Act 1988 (Cth). You agree that you will not upload or otherwise provide any User Content which:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading;
  • infringes the intellectual or other proprietary interests of third parties;
  • impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Private Media considers to be inappropriate;
  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms;
  • violates any law, statute or regulation;
  • forges information to disguise the origin of any User Content; and
  • encourages or incites any other person to engage in any of the above behaviour.

You grant Private Media a non-exclusive, worldwide, perpetual, irrevocably, royalty-free, sub-licensable right to exercise the copyright you have in any User. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that User Content in favour of Private Media.

7   Limitation of Liability

You agree that Private Media is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms, in tort (including negligence) or otherwise arising out of, or in connection, with:

(a) the use of the Website;

(b) the use by Private Media of information provided by you to Private Media through the Website;

(c) being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and

(d) the use of your Website password by you or any third party to whom you have made the password available.

Subject to the Competition and Consumer Act 2010 (Cth), Private Media expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Private Media’s sole discretion):

(e) in the case of goods, any one or more of the following:

(i) the replacement of the goods or supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the costs of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the costs of having the goods repaired.

(f) in the case of services:

(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.

8   Indemnity

You indemnify Private Media against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Private Media, arising from, or which is directly or indirectly, related to:

(a) your breach or non-observance of any term of these Terms; or

(b) any breach or inaccuracy in any representations or warranties made to Private Media.

9   Suspension or termination of access

Private Media reserves the right to deny you access to, or use of, all or part of the Website, without prior notice, if you engage in any conduct that Private Media believes, in its sole discretion violates any provision of these Terms of Use, violates the rights of Private Media or third parties or is otherwise inappropriate.

10   Links

This Website, including eNewsletters, may contain links to third party websites. The inclusion of a link does not imply that Private Media has endorsed or verified the linked websites. Private Media makes no warranty or representation concerning these links or the linked websites and you enter any third party websites at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.

The Website, including e-Newsletters, may feature or display third party advertising. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Private Media, nor its officers, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Website, nor do they offer the goods or services for sale of make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Website, you do so at your own risk.

11   Competitions

Private Media may from time to time run competitions or other promotions on this Website. These will be subject to additional terms and conditions that will be made known to you at the relevant time.

12   Privacy Policy

We are committed to protecting your personal information and meeting the Australian Privacy Principals contained in the Privacy Act 1988 (Cth) (the Act) as amended from time to time. The Private Media Privacy Policy can be viewed here.

13   General

Private Media reserves the right to amend these Terms of Use at any time without notice to you. Your continued use of the Website after such change constitutes an agreement by you to abide by the Terms of Use, as amended.

If any of these Terms of Use are invalid or unenforceable, they may be struck out and the remaining Terms of Use will continue to be of full force and effect.

No waiver of any breach of these Terms will be construed as a waiver of any other breach of these Terms.

These Terms are governed by the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Terms will be heard in Victoria and you agree to submit the jurisdiction of those courts.

These Terms were last updated on 4 February 2016.

For further information on using this site, please contact:

Private Media
Level 6, 22 William St,
Melbourne VIC 3000
Ph: 1800 985 502
Fax: (03) 8623 9975